Helping more

Institutional Abuse Claims

Helping Survivors of Institutional Abuse

Seeking Justice and Compensation

Seeking Justice
and Compensation

Content Warning

Please note, the information on this page discusses sensitive content and may cause triggers or be distressing for some readers.

At Fern Lawyers, we understand that no amount of compensation can undo the trauma caused by institutional abuse. And, we know just how much effort, energy and courage it takes to revisit your ordeal in order to seek justice. We are committed to helping survivors secure justice with decency and integrity. Our experienced, trauma-trained lawyers are here to support you every step of the way, providing expert legal advice with care and sensitivity, and help you explore your options to get the compensation you deserve.

Help with understanding Institutional Abuse Compensation Claims

If you’re a survivor of institutional abuse, whether it occurred in a religious institution, school, college, care facility, sporting facility, scouts, or any other institution, you have the right to seek compensation. We’re here to help you understand the two main avenues for claiming compensation:
Civil Damages Claims
This is legal action taken directly against the institution responsible for the abuse.
Claims through the National Redress Scheme
Introduced by the Federal Government in 2018, it offers modest support for survivors of childhood sexual abuse. However, it’s important to seek legal advice before choosing this option, as accepting a Redress payment may prevent you from pursuing a civil claim for higher compensation
At Fern Lawyers, we help survivors understand both these options to determine the best way to advocate for their unique situation.

The Civil Damages Claim Process:

Securing Justice and Compensation

This is a legal process where an institution is sued for being legally responsible for the abusive actions of its staff or representatives. The goal is to secure monetary compensation (‘damages’), for the survivor.
Case Study:

Securing justice for

Victims of Institutional Abuse

The Case
Our client experienced severe trauma, having been sexually abused at the age of 16 while in a juvenile detention centre. The abuse, which came from an unidentified abuser described only as a man in his 40s with brown hair, had occurred 15-20 years ago. There were no witnesses and no known name for the abuser.
How Did We Help?
Despite facing strong defensive efforts from the juvenile detention centre, we presented a compelling case, highlighting the gravity of the abuse and the lasting impact on our client.
What Was the Outcome?

Ultimately, the juvenile detention centre accepted our offer, resulting in a $237,000 payout for our client, plus legal costs. This was a fantastic outcome, especially considering the maximum payout under the redress scheme for such cases is typically $150,000, particularly where the offender was not identified.

This case highlights the significant advantage of engaging an experienced lawyer for unidentified abuser cases. With our expertise, we achieved a substantial result for our client. In situations where the abuser is identified, we often secure even higher compensation, demonstrating our commitment to obtaining the best possible outcomes for our clients.

Client

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Frequently asked Questions

Institutional Abuse

We’re here to help, if you have more questions or need assistance in understanding how any answers we’ve provided might apply to your unique situation, then please contact our team today.
What’s the difference between Civil Claims and the National Redress Scheme?
Civil Claims refers to legal action taken through Court directly against the institution responsible for the abuse. Claims through the National Redress Scheme offer modest support for survivors of childhood abuse.

The most important thing to understand is that it’s vital to seek legal advice before choosing your option, as accepting a Redress payment may prevent you from pursuing a Civil claim for higher compensation. At Fern Lawyers, we’re here to help to ensure you get the best possible outcome.
What about non-institutional Direct Offender Claims?

At Fern Lawyers, we do support certain claims against Direct Offender abuse, and we may be able to help you seek compensation. It very much depends on the details of the individual case. At your first free consultation at Fern, we will listen carefully, and then honestly and openly discuss with you whether or not we think you have a legal case that’s worth pursuing. Make an enquiry.

Is there a statute of limitations if the abuse occurred many years ago?
In Australia, there is no statutory limitation applicable to child sexual abuse claims, meaning you can report it no matter how long ago it happened. At your first free consultation at Fern Lawyers, we will listen to the nuances of your case and provide honest advice on whether or not there is a claim to initiate.
Is everything kept completely confidential?
At Fern Lawyers, we realise how difficult and emotional it can be to even consider the process of standing up to your abusers. And most importantly, we also understand that you don’t want to be judged or defined by your experience: so, the need for confidentiality is paramount.

At Fern we treat your confidentiality very seriously and keep your story completely private. The only parties who are privy to your information is the compensation payer. You are made aware of anyone who will be privy to your information before it is communicated.

Why Choose Fern Lawyers?

We have extensive experience assisting survivors of all forms of institutional abuse. Our specialist trauma legal team is dedicated to providing the support you need while navigating this difficult process. We understand it can be a traumatic experience, so we take the time to listen and understand your unique circumstances, to ensure you can get the compensation and justice you deserve.